HomeMy WebLinkAboutMinutes BZA 01-28-1985
.,j}-~~~AIDn.EL BOARD.OF-ZONING APPEALS MINUTES - JANUARY 28,1985 245
_ ~.~,<l
The regular meeting of the Carmel Board of Zoning Appeals was called to
order by Board attorney, Steve Andrews, at 7:00 P.M. January 28, 1985 at
the City Meeting Hall. The meeting opened with the pledge of allegiance.
Mayor Jane Reiman was present to swear in her reappointment of Bill
McFadden for a 4 year term to end December 31, 1988.
Mayor Reiman presented a key to the city to Board members and to St6ve
---- Andrews.
Roll was called and all members were present as follows: Ila Badger, Bill
McFadden, Richard Dowell, Jeanne Book and Warren Saunders.
Staff members present were: Chuck Kiphart, Kurt Woerner, David Rickard,
Steve Andrews and Rosalind McCart.
The election of chairman and vice chairman and secretary followed.
Mrs. Badger nominated Warren Saunders for chairman.
Seconded by Dr. Dowell.
Nominations were closed and Rev. Saunders was unanimously elected chair-
man for 1985.
Mrs. Badger nominated Richard Dowell for vice chairman.
Seconded by Mr. McFadden.
Nominations were closed and Dr. Dowell was unanimously elected vice chair-
man for 1985.
Mr. McFadden nominated Rosalind McCart for secretary.
Seconded by Dr. Dowell.
Nominations were closed and Mrs. McCart was unanimously reappointed
secretary.
Mrs. Badger moved to readopt the present Rules of Procedure.
Seconded by Mr. McFadden.
Motion carried unanimously.
Mrs. Badger moved to approve the minutes of the November 26, 1984 meeting
as submitted.
Seconded by Mrs. Book.
Motion carried unanimously.
Mr. Andrews reported on litigation matters.
Mr. Kiphart introduced new Dept. of Community Development staff member,
David Rickard.
L. Public Hearings
11. 7:00 P.M., Publtc Hearing on Docket No. V 1-85, Developmental Standards
Variance request to permit deletion of curbs in parking lots. Petition.
er seeks to delete curbs in various portions of Penn Mark Plaza and
Meridian Mark Plaza located at S.E. and N.E. corners respectively of
l16th St. and U.S. 31. The specific areas of the parking lots are de-
lineated on the plan on file with the Dept. of Community Development.
Both properties are located in B-6 and U.S. 31 Overlay Zones.
(Fidelity Bank Plaza at the S.W. corner of l16th St. and U.S. 31 is
not included in this request as the original development plan was filed
under the requirements of the 1966 Zoning ordinance.)
Filed by F. Richard Rembusch.
The public hearing opened at 7:15 with Mr. Rembusch making the presentation
for variance from full perimeter curbing.
A map was shown and the areas where curbs are to be installed and where
. they request relief from the curbing requirement (around parking lot areas)
were pointed out. .
They request curbing relief in these areas because of the drainage system
in use there.
Mr. Rembusch stated that construction standards are such that they have not
experienced any problems at Fidelity Plaza and showed a photo illustrating no
curbing ,there.
Mr. Kiphart gave the staff report stating that all matters have been com-
plied with regarding drainage and that they recommend approval of the require-
{/)~'{)RMEL BOARD OF ZONING APPEALS MINU~~~ ",:," JA.NUARY 28, 1985
-. -- .. ~. ---:-1.
ment variance.
No remonstrators were present and the public hearing closed at Z:39.
Mrs. Badger moved that Docket No. V 1-85, Developmental Standards Variance
request to permit deletfo~. of curbs in parking lots in various porti?ns of
Penn Mark Plaza and Merid~an Mark Plaza, as shown by Mr. Rembusch th~s
evening, be approved.
Seconded by Dr. Dowell.
Finding of fact was completed by members.
The vote was 5 For, 0 Against.
Motion carried.
21. 7:00 P.M, Public Hearing on Docket No. V 2-85, Development
Variance request to permit reduction of required lot size,
front yard, and required rear yard for property located at
st. S.E. in R-2 zoning.
Filed by John Holloway.
Mr. Andrews, Board attorney, questioned if anyone had not been properly
notified of this hearing.
Mrs. Piersall, in attendance, stated that she had not been notified.
Mr. Andrews related that this item could be tabled until proper notice
was recieved.
Mrs. Piersall waived the table and the Board proceeded with the hearing.
The public hearing opened at 7:45 with Mr. Holloway making the present-
ation for variance in order to build a house on the S.E. corner of 1st Ave.
and 5th Street. A 35' setback is required by Ordinance and since it is a
corner lot a variance from the requirement is needed.
A drawing of the lot was shown with the house that exists there now.
Elsie Moffitt McIlroy, 441 First Ave. S.E.- across from this proposed
project, said this was to have been a 40' street which was never opened to
that width. Mrs. McIlroy related that if the street would be opened up it
would go back on her property and stated opposition to a house on any lot
less than 50' wide.
Walter Bobb, owner of Village Green Apts., 501 First Ave. S.E., related
that the lot in question is a corner lot that has been cut in half in order
to erect this house. Mr. Bobb stated opposition to high density of more
structures there.
Verna West, 1st house to the west of property in question, expressed c.on-
cern for the width of the lot and that it might not be wide enough for a
home.
Mr. Kiphart related that when the original lot was plotted it was much
larger than most zoning areas would require and he feels this is a reasonable
request and that if the house is tailered to a narrower lot it should work
out. Mr. Kiphart stated that the concerns of neighbors should be weighed.
The proposed house would face First Ave. S.E. on a lot 115' wide by 75'
deep.
Mr. Holloway said the house will be well back from the corner.
The public hearing closed at 8:05.
Mrs. Badger moved to table this item until the February meeting in order
for Board members to look at the property.
Seconded by Mrs. Book.
Motion carried 3 For, 1 Against (Mr. McFadden) and 1 abstaining (Dr. Dowell)
31. 7:00 P.M., Public Hearing on Docket No. S 3-85, Special Use Application
for Scandinavian Health Spa, a proposed private recreational facility
within a B-5 Zoned District (Section 16.2, page 109, Carmel Zoning
Ordinance). . The health spa is part of an overall development plan
within the U.S. 31 Corridor Overlay Zone. Project is located at the -
S.E. corner of Meridian St. and 103rd St. on a 7.92 acre site. Build-
ing is two stories high with 24,000 sq. ft. An outside pool is also
pro-posed.
Filed by Jim Nelson for Scandinavian Health Spa.
page~;"; ,
standards
required
35' Fifth
_;> ;.2l-€iMMEL -BOARD OF ZONING APPEALSMINJJTE~. - JANUARY 28, 1985
,.-., . -i:;o..,-~.'."~
A letter from Richard Albright (which is a part of the official minutes
and attached to the master copy) was read by Mrs. McCart. Mr. Albright re-
sides near this site and is requesting continuance of this item for one
month so that everyone who lives near the site may have an opportunity to .r
learn about the proposal and respond appropriately. .
Mr. Nelson said they would agree to Mr. Albright's request.
Mr. McFadden moved to table for one month.
Seconded by Mrs. Book.
Motion carried and this item is continued for 1 month.
Mr. Nelson related that they are willing to set up a community meeting
with any interested parties. ". '~""""'''''''''~'';'":lj;,."~''''~''..M;c"_~'/,'''t"",;.,~"":.,,.;:(j>,,,,,,,,.,,,cic!~'."
'" v "'. , _ _ _ _ " "',~>g!~~~__:;::~.,j,~~~~~~.~~t:~.&ij!~~~~~~~~;:5'!1~<:'-'_"":,, ',.N.'" '!i~~ '" _ ':',Oi., 1 '" ,,,"_,,_~..,~:,,,.l';\.t~'~
M. Old Business
1m. Board to consider Docket No. V 48-80, Renewable Variance Application
for 128 sq. ft. sign for American Aggregates COl'p. located at 5JOO E.
l16th St. in S-l zoning. Petition was originally scheduled for Nov-
ember 1984 meeting, but was tabled because the' petitioner was not
present.
Filed by Wende Gorder for American Aggregates.
Wende Gorder made the renewal presentation.
Mrs. Badger moved that V 48-80, two year renewable variance for 128 sq.
ft. sign for American Aggregates Corp, 5JOO E. l16th st., be approved.
Seconded by Mr. McFadden.
Finding of fact was completed by members.
Motion carried unanimously... ""':1i~~"<f4.~",~"",,;,:,",!f~~~"";'c;!,;,.;:,1,1.j':""'"''
''''''' _ _ - _' _ ..,,_ _ ,",' -'-_'~"~~"_<"."-:-<_ i!''cR.r''-:0".i$"~''&~b<..\'l~''''~?':-;;h:'Y:;Yi5:-'1}m,#!W~,t-:!,.~,.:.... ,",--
-''-~''--;'2m:''''''i'''BoirdtoAcon"s~iderDoclC;e''!fttY.N~,:;''v<''5r:8'i.j:':~' R;n~wa bie Vari anc e A ppl i ca ti on
for one chair beauty shop in home located at 10404 Cornell St. in
R-J zoning.
Filed by Martha Loveall.
Martha Loveall made the presentation for renewal.
There were no complaints in the file.
Dr. Dowell moved that V 1-84 be approved for 1 year.
Seconded by Mrs. Book.
Finding of fact was completed by members.
Motion carried unanimously.
There being no further business to come before the Board, the meeting
adjourned.
Page J (} /~ '7
4..-~-' ~-J:: l
Chairman
Secretary